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BROOM v. ARMSTRONG

No. 40.

137 U.S. 266 (1890)

11 S.Ct. 73

34 L.Ed. 648

BROOM, v. ARMSTRONG.

Supreme Court of United States.

Decided December 1, 1890.

Attorney(s) appearing for the Case

Mr. Samuel Shellabarger, (with whom was Mr. Jeremiah M. Wilson on the brief,) for appellants.1

Mr. John B. Goode for appellee. Mr. H.W. Smith filed a brief for same. Mr. J.G. Sutherland and Mr. J.R. McBride also filed a brief for same.

MR. JUSTICE LAMAR, after stating the case as above reported, delivered the opinion of the court.

There seems to be no dispute as to any material fact in the case. The note and chattel mortgage sued upon were executed on the 14th of January, 1885, recorded on the 17th of the same month, and became due on the 14th of May, 1885. The action for foreclosure was commenced and the notice of pendency properly recorded within the ninety days provided by the statute of Utah...

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